An electrical contractor hired me on a city project. I did paving work and he ran the electrical. He signed my contract but I didn’t sign anything from him. He said that my work was unfinished and had to be fixed or he would back charge me. I asked for inspection document to support feedback for the corrections. He didn’t provide. I told him he may not modify or change our work without our permission. Now he claims that because he had to finish my work and correct it trust I owe him $26k. My contract he signed was for $23k. Is that legal for him to do?
He basically wants me to pay him $3k and call it even. Even though I provided work to his project. I think he's crazy.
He requested us to come finish our work via email. I told him that our work was finished and that his requests wasn't part of our scope of work. And in order to modify or correct any issues with our work he first had to send us a city letter with notice of corrections. He failed to provide any documentation.
I don't send a crew to a project without a document proving our work was wrong because we have a calendar to follow and I also had a hunch this guy was just trying to make us do work for free.
I am sorry to hear about the issues you have experienced. In regards to both the back charge issue and claim for poor or incomplete workmanship, they are governed by your construction contract. First, back charges are not statutory (I.e. provided by law), but they are a contractual right. Considering back charges are a contractual right they are governed by the terms set forth in a contract if they are even included in the contract in the first place. Therefore, if your contract doesn't provide for back charges then likely they should not be withheld. If you decide to challenge the back charge claim against you, the contractor will have to provide sufficient proof that the issues were caused or incurred directly by you specifically. On your end, you should also document all phases of your work performed as well. As a general rule, when courts analyze back charges, they look to see if the incurred fees fall "within the scope of the contract." In conclusion, keeping detailed records will help to contest any back charges you may feel are unwarranted. Also, it likely will be helpful if you contact a California construction attorney to determine if back charges and poor workmanship are terms in your construction contract that can be challenged by the other party against you. Best of luck!